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HomeMy WebLinkAboutPeconic Estuary Program Town of South old - Letter Board Meeting of April 24, 2007 RESOLUTION 2007-410 Item # 22 ADOPTED DOC ID: 2816 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-410 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Peconic Estuarv Prol!ram Al!reement between the Town of Southold and the County of Suffolk. throul!h its duly constituted Department of Health Services. for a term commencinl! on April 1. 2007. for environmental education services, subject to the approval of the Town Attorney. a;_L~Q~~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 30, 2007 Page 35 .RilV. 1/25/07; Law No. 08-HS . '0",- Peconic Estuary Program Services Town of South old . IFMS No. /10 b 9- Agreement No. 0014405-4560-00-00034 Health Department Issued: 02/08/07 Peconic Estuary Program Agreement . t<, .... . This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Department of Health Services (Department), located at 225 Rabro Drive East, Hauppauge, NY 11788-4290, as contract coordinator for the Peconic Estuary Program and Town of Southold, (Contractor), a municipality having a principal mailing address of 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959. The parties hereto desire to make available to the County Environmental Education Services of the Contractor (Services) for the Department's Division of Environmental Quality, as further described in Exhibit D of this Agreement. Term of Agreement: April 01, 2007 through March 31, 2008. Total Cost of Agreement: Shall be as set forth in Exhibit E of this Agreement. Terms and Conditions: Shall be as set forth in Exhibits A through G, attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southold County of Suffolk By: L ,/ &C~ >./ Scott A. Russell Supervisor By: . Name Title FederallD. No. 11-6001939 Date: Date: +-;;1- 01 Approved: Department of Health Services By: ~~t~ Approved as to Legality; Christine Malafi, Suffolk County Attorney B,~c.,~,!~t\1 Assistant Cou nty Attorney Date: ~ Mar aret B. Bermel, M.BA Dire tor of Health Administrative Services Date b(7(6/ Recommended: Division of Environmental Quality By: ~ //~' Vito Minei Director Date 3 If /6} Page 1 of 22 Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 List of Exhibits Exhibit A General Terms and Conditions 1. Contractor Responsibilities 2. Term and Termination 3. Insurance 4. Indemnification 5. Confidentiality 6. Assignment and Subcontracting 7. Conflicts of Interest 8. Environmental Tobacco Smoke Certification 9. No Intended Third Party Beneficiaries 10. Independent Contractor 11. Nondiscrimination in Services 12. Certification as to Relationships 13. Nondiscrimination Related to Persons with Aids or HIV-Related Medical Conditions 14. Publications and Publicity 15. Patents and Copyrights 16. Cooperation on Claims 17. No Implied Waiver 18. Set-off Rights 19. Audit and Records Retention 20. Professional and Skillful Manner 21. Severability 22. Governing Law 23. Merger; No Oral Changes Exhibit B Suffolk County Legislative Requirements Exhibit C Notices and Contact Persons Exhibit D Description of Services Exhibit E Payment Terms and Conditions Exhibit F Environmental Agreement Terms and Conditions Exhibit G Peconic Estuary Program (PEP) Agreement Terms and Conditions Page 2 of 22 .Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit A General Terms and Conditions Whereas, the Department desires to contract with a consultant who can provide Environmental Educational Services (Services) for the Peconic Estuary; and Whereas, in accordance with Suffolk County Legislative Resolution 349-1994, entitled "Establishing Policies and Procedures Governing the County's Procurement of Consultant Services", the Department has solicited written quotes from at least three consultants with such specialized expertise; and Whereas, the Department has selected the Contractor to provide such services; Now, Therefore, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Contractor Responsibilities a. The Contractor shall provide Services, as more particularly described in Exhibit D, entitled "Description of Services." b. The Contractor shall perform such professional services as may be necessary to accomplish the work required to be performed under and in accordance with this Agreement. The Contractor specifically represents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge and experience, if any, necessary to qualify them individually for the particular duties they perform. c. The Contractor shall immediately notify the Department in writing of any disciplinary proceedings against the holder of any License by the New York State Department of Education or the New York State Department of Health or other issuer of a License. In the event that the Contractor or such other holder of a License is no longer licensed for anyone or more of the Contract Services, the Contractor must immediately so notify the Department. 2. Term and Termination a. Term This Agreement shall cover the period set forth on page one of this Agreement, unless sooner terminated as provided below. Upon receipt of a Termination Notice, as that term is defined below, pursuant to the following paragraphs, the Contractor shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. b. Termination for Cause This Agreement may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this Agreement; provided that no such termination shall be effective unless Contractor is given five (5) calendar days' written notice of intent to terminate ("Notice of Intent to Terminate"), delivered personally or by certified mail, return receipt requested. During such five (5) day period, Contractor will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to termination. Prior to issuance of a written termination notice ("Termination Notice") by the County, Contractor shall be given an additional five (5) days to cure all failures to fulfill its obligations under this Agreement. In the event that the Contractor has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the combined ten (10) day period, the County will issue a Termination Notice, effective immediately. c. Termination for Convenience i. The County shall have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest, provided that no such termination shall be effective unless the Contractor is given thirty (30) calendar days' written notice of termination. ii. Upon giving of a notice pursuant to the foregoing sub-paragraph, the Contractor shall promptly discontinue all services affected unless otherwise directed by the notice of termination. Page 3 of 22 Rev. 1/25/07; Law No. 08-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 iii. In such event of termination, the County shall pay the Contractor for the services rendered through the date of termination. d. Termination for Failure to Maintain Insurance Coverage Notwithstanding any other provision, a failure on the part of the Contractor to maintain County-mandated insurance coverage shall result in termination of this Agreement without the necessity for any action on the part of the County. e. Equitable Adjustment upon Termination Upon termination, an equitable adjustment of the fee shall be made, which shall not include any profit for services or other work not performed. The Contractor acknowledges and agrees that it shall not be entitled to nor shall it make a claim for lost profits or loss of anticipated earnings due to termination. 3. Insurance a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement, insurance in amounts and types specified by the County and as may be mandated and increased from time to time. The Contractor agrees to require that all of its subcontractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance shall be as follows: i. Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. ii. Marine Protection and Indemnity Liability Insurance, (if any marine vessel(s) or other similar equipment are used in the performance of this Agreement) in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for bodily injury and property damage per occurrence. iii. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for property damage per occurrence. iv. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to ~~57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law 9108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. v. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. Page 4 of 22 . Rev. 1/25/07; Law No. 08-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, non renewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the Exhibit entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. e. In the event Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due Contractor under this Agreement or any other agreement between the County and Contractor. f. If the Contractor is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self- funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. 4. Indemnification The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. 5. Confidentiality The Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or employees, except as expressly authorized and required by law. It is further understood and agreed that no such data or information is to be used for personal benefit. The Contractor further agrees that its employees shall be specifically instructed in regard to their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. The Contractor shall implement such procedures for safeguarding information as the Department shall require. 6. Assignment and Subcontracting a. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute the Agreement, or assign all or any portion of the monies that may be due or become due hereunder, to any other person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. b. The Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the Department. Such subcontracts shall be subject to all of the provisions of this Agreement and to such other conditions and provisions as the Department may deem necessary, provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior written approval shall not be required for the purchase of articles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work required under this Agreement. No approval by the Department of any subcontract shall provide for the incurrence of any obligation by the County in addition to the total agreed upon price. The Contractor shall be responsible for the performance of any subcontractor for the delivery of service. Page 5 of 22 .Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services 7. Conflicts of Interest a. The Contractor agrees that it will not during the term of this Agreement engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. The Contractor may not simultaneously represent other clients in matters or proceedings adverse to the County or its agencies without the prior written approval of the County. The representation of any individual in a dispute concerning the legal relationship between the individual and the County or its agencies would also create a conflict that will require disqualification The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue so long as the Contractor is retained on behalf of the County. The determination as to whether or when a conflict exists or may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. Environmental Tobacco Smoke Certification By signing this Agreement, the Contractor certifies, pursuant to Public Law 103-227, also known as the Pro-Children Act of 1994 (the "Act"; 20 U.S.C. Section 6081 et seq.), that it will comply with the requirements of the Act and New York State Public Health law Section 1399-0, governing smoking in public places and facilities. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. Independent Contractor It is expressly agreed that the Contractor status hereunder is that of an independent contractor. Neither the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose. Non-discrimination in Services During the performance of this Agreement: a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status: i. deny any individual any services or other benefits provided pursuant to this Agreement; or provide any services or other benefits to an individual that are different, or are provided in a different manner, from those provided to others pursuant to this Agreement; or subject an individual to segregation or separate treatment in any matter related to the individual's receipt of any service(s) or other benefits provided pursuant to this Agreement; or restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any services or other benefits provided pursuant to this Agreement; or treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or condition which individuals must meet in order to receive any aid, care, service(s) or other benefits provided pursuant to this Agreement. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, or have the effect of defeating or substantially impairing accomplishment of the objectives of this Agreement in respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, in determining: i. the types of service(s) or other benefits to be provided, or Page 6 of 22 b. c. 8. 9. 10. 11. v. b. IFMS No. Agreement No. 001-4405-4560-00-00034 ii. iii. iv. Rev. 1/25/07; Law No. 08-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 ii. the class of individuals to whom, or the situations in which, such service(s) or other benefits will be provided; or III. the class of individuals to be afforded an opportunity to receive services. 12. Certification as to Relationship The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 13. Non-discrimination Related to Persons with Aids or HIV-Related Medical Conditions The Contractor shall not discriminate in the admission, care, treatment, employment, and confidentiality of persons with AIDS or HIV-related medical conditions. If the Contractor is found to have discriminated or to have breached the confidentiality of AIDS-related medical records, he/she/it will be required to implement remedial plans, including staff education, to prevent future incidents. The County will terminate this Agreement in cases of repeated violations or refusals to comply. 14. Publications and Publicity a. The Contractor shall not issue or publish any book, article, report or other pUblication related to the Services provided pursuant to this Agreement without first obtaining written prior approval from the County. Any such printed matter or other publication shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the Suffolk County Executive's Office." b. If National Estuary Program funds are being used for this Agreement, then the statement shall also acknowledge using United States Environmental Protection Agency, National Estuary Program Funds. c. The Department shall have the right of prior approval of press releases and any other information provided to the media, in any form, concerning the Services provided pursuant to this Agreement. 15. Patents and Copyrights a. Patents If the Contractor makes any discovery or invention in the course of, or as a result of, work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such item so discovered or patented. b. Copyrights If the work of the Contractor under this Agreement should result in the production of original books, manuals, films or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. 16. Cooperation on Claims Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in connection with this Agreement. 17. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. Page 7 of 22 .Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services 18. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. Audit and Records Retention The Contractor shall maintain full and complete books and records of accounts in accordance with generally accepted accounting practices. Such books and records and all other information relating to this Agreement shall be retained for a period of seven (7) years after the last payment under this Agreement and shall be available for audit and inspection by the County Comptroller or his duly designated representative pursuant to Article V of the Suffolk County Charter and by the State and Federal authorized personnel and representatives as may be required or permitted by Federal and State laws, regulations and guidelines. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential. Professional and Skillful Manner All activities performed hereunder shall be conducted in a competent, professional and skillful manner. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement, and that no modification of this Agreement shall be valid unless written and executed by both parties. 19. 23. 24. 25. 26. IFMS No. Agreement No. 001-4405-4560-00-00034 End of Text for Exhibit A Page 8 of 22 . Rev. 1/25/07; Law No. OB-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31 st day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Form: Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. if Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Page 9 of 22 .Rev.1/25/07; Law No. 08-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 Required Form: Suffolk County Labor Law Form DOL-L01; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit" 4. Lawful Hiring of Employees Law This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk (Local Law 52-2006). It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of this agreement. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate this Agreement for violations of this Law and to seek other remedies available under the law The Contractor represents and warrants that it has read, is in compliance with, and shall comply with the requirements of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful Hiring of Employees Law. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor -"Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employees" "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324aWith Respect To Lawful Hiring Of Employees" Form LHE-2 5. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Page 10 of 22 . Rev. 1/25/07; Law No. 08-HS IFMS No. . . Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Administrative Code Article IV, 99A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 7. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy 8. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, 99143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section 9590-3, the Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 10. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<http://www.co.suffolk.nV.us>.Click on "Laws of Suffolk County" under "Suffolk County Links". End of Text for Exhibit B Page 11 of 22 . Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit C Notices and Contact Persons 1. Notices Relating to Payments, Reports, or Other Submissions Any communication, notice, claim for payment, report, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as follows: For the Department: By Regular or Certified Mail in Postpaid Envelope or by Courier Service or by Fax or by E-Mail Suffolk County Department of Health Services 225 Rabro Drive East Hauppauge, New York 11788-4290 Attn. Vito Minei, Division of Environmental Quality and For the Contractor: By Regular or Certified Mail in Postpaid Envelope or by Courier Service or by Fax or by E-Mail At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 2. Notices Relating to Insurance Any communication, notice or other submission regarding insurance requirements under this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Regular or Certified Mail in Postpaid Envelope or by Courier Service or by Fax or by E-Mail Suffolk County Department of Health Services 225 Rabro Drive East Hauppauge, New York 11788-4290 Att. Contracts Unit For the Contractor: By Regular or Certified Mail in Postpaid Envelope Mail Q! by Courier Service or by Fax or by E-Mail At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 3. Notices Relating to Termination or Litigation In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately deliver to the County Attorney. at the address set forth below, copies of all papers filed by or against the Contractor. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Regular or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Suffolk County Department of Health Services 225 Rabro Drive East Hauppauge, New York 11788-4290 Att. Commissioner, Department of Health Services Page 12 of 22 . Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788-0099 And For Contractor: By Regular or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 4. Notices sent shall be deemed delivered on the date they are mailed or deposited with a nationally recognized overnight courier service. 5. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). IFMS No. Agreement No. 001-4405-4560-00-00034 End of Text for Exhibit C Page 13 of 22 . Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit D Description of Services 1. Reports/Progress Meetings The Contractor will be responsible for issuing timely reports in oral presentations and in writing on the status of pending and proposed activities, as may reasonably be requested by the Department. Depending upon the nature of the services provided under this Agreement, the parties may meet from time to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All written reports will also be made available to the County in electronic format. 2. Environmental Education Services The Contractor shall write ten (10) articles entitled Trustee Matters. These articles shall be published in the newspaper "The Suffolk Times" and shall be based on environmental education information about the Town Codes. The Town Codes consist of a chapter that pertains specifically to the preservation and protection of the Peconic Estuary wetlands and shorelines. The Contractor shall use these articles to educate the public on the need and function of these codes. The Contractor shall publish no more than one (1) article per month during the Term of this Agreement. End of Text for Exhibit D Page 14 of 22 ~ev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit E Payment Terms and Conditions 1. Total Cost of Agreement a. In consideration of the Contractor's faithfully complying with all of the covenants set forth in this Agreement, the County shall pay the Contractor in accordance with this Exhibit E. b. The Contractor agrees that it shall be entitled to no more than the Total Cost of Agreement as set forth on page one of this Agreement and as described below, for the completion of all work, labor and services contemplated in this Agreement, and in full reimbursement of all travel and other expenses of every nature and kind whatsoever, notwithstanding the total amount of time expended or expenses actually incurred. c. The Contractor may reallocate funds among tasks as more clearly defined in Exhibit F of this Agreement. 2. Exclusive of Taxes The charges payable to the Contractor under this Agreement are exclusive of federal, state and local taxes, the County being a municipality exempt from payment of such taxes. 3. Claims Process The Contractor shall prepare and present a claim form supplied by the County and approved for payment by the County. The claim form shall be accompanied by a certified and itemized statement as to the work performed and/or materials used, and charged in accordance with this Agreement to reflect all charges due thereon. Payment by the County shall be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. 4. Withholding of Payment The County shall withhold from each claim for payment fifteen percent (15%) of the approved amount of the claim until such time as the reports, maps, or other products described in Exhibit D for the task or tasks to which the claim relates have been approved in writing by the Department. The Contractor agrees to indicate, according to task, the amount to be withheld and to subtract the total amount to be withheld from the total amount of each claim. After the Department has given approval in writing of the required materials of a particular task, the Contractor shall submit a claim for payment, indicating the amount that was withheld for that task. 5. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof, by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the Legislature for the Program covered by this Agreement. 6. Final Claim as Full Payment The acceptance by the Contractor of full payment of all billings made on the final approved claim form under this Agreement shall operate as and shall be a release to the County from all claims and liability to the Contractor, its successors, legal representatives and assigns, for anything done or furnished under and by the provisions of this Agreement. 7. Payment Terms The County shall pay the Contractor the following amounts upon completion of the ten (10) articles having been published, as set forth in Exhibit D of this Agreement: Labor Heather Cusack $ 125.00 Peggy Dickerson $ 125.00 Travel $ 100.00 Materials Supplies $ 100.00 Copying/Printing $ 50.00 Printing in Newspaper $1,135.00 Total Cost of Agreement shall not exceed: $1,635.00 End of Text for Exhibit E Page 15 of 22 . Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Exhibit F Environmental Agreement Terms and Conditions 1. Changes in Plan, Service or Report a. The Contractor shall submit a progress report with each claim. Such progress report will confirm completion and satisfaction of each task versus the amounts charged to date as a percentage of total Agreement amount, together with the Contractor's recommendations for future time and activity to be devoted to remaining tasks. The County shall have the right to redirect the Contractors time and activities on the Study at any time during the term of this Agreement to accomplish said goals and purposes as conceived by the County at any time during the period of this Agreement. The County shall have the absolute right to amend or abandon the Study or to change its general basis at any time, and such action on its part shall in no event be deemed a breach of contract. b. The County and the Contractor recognize that the estimates of costs by tasks in Exhibit D of this Agreement may require modification. Therefore, the Contractor may reallocate funds among tasks to accomplish the goals of the Study, without approval, up to but not exceeding fifteen percent (15%) of any line item or in excess of fifteen percent (15%) upon the written request of the Contractor and with the written approval of the Department; provided that the total cost after modifications does not exceed the Total Cost of Agreement on the cover page of this Agreement or of any amendment thereto in writing signed by the parties. 2. Availability of Technical Data All technical data in regard to the Study, whether existing in the office(s) of the Department or in the office of the Contractor, shall be made available to the other party to this Agreement without expense to such other party, as the case may be. 3. Delivery of All Survey Notes, Computations, Documents, Etc. At the time of completion of the work, the Contractor shall, if requested, deliver to the Department all survey notes, computations, maps, tracings, and all other documents, data models and products pertaining to the Study, which material at all times shall be the property of the County and/or the Agency as identified in Exhibit G, as the case may be. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the Contractor shall deliver to the Department all the data and material described herein above. All original tracings of maps and other data furnished to the Department by the Contractor shall bear thereon the certification and signature of the Contractor. End of Text for Exhibit F Page 16 of 22 . Rev. 1/25/07; Law No. 08-HS Peconic Estuary Program Services , IFMS No. Agreement No. 001-4405-4560-00-00034 1. Exhibit G Peconic Estuary Program (PEP) Agreement Terms and Conditions Cooperation with Federal Government The parties acknowledge that this contract is being funded, at least in part, with United States Environmental Protection Agency (USEPA) grant funds. Upon request, the Contractor agrees to cooperate with USEPA or other federal government agencies to the best of the Contractor's ability. Property The County and USEPA retain the right to claim all property procured by the Contractor using federal grant funds under this Agreement. The Contractor will promptly turn over any property so claimed. Said right of claim will survive the termination or expiration of this Agreement. Compliance with Peconic Estuary Program Data Management Strategy All data provided in the Study must comply with the Peconic Estuary Program Data Management Strategy (December 12,1993). Quality Assurance/Quality Control The Contractor shall comply with all of USEPA's Quality Assurance/Quality Control requirements and shall provide an approvable Quality Assurance Plan prior to commencing efforts. Disadvantaged Business Enterprises and Small Businesses in Rural Areas, Minority Business Enterprise and Women's Business Enterprise The Contractor shall strive to meet the USEPA's Disadvantaged Business Enterprise, Small Businesses in Rural Areas, Minority Business Enterprise, and Women's Business Enterprise fair share goals and shall comply with the USEPA reporting requirements, as needed. Management Committee Approval The work and/or services performed under this Agreement are subject to the continuing approval and guidelines of the Peconic Estuary Program Management Committee. Disclaimer The following disclaimer must accompany all work products disseminated since they were not developed by USEPA and may not represent USEPA priorities: "Although the information in this document has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (Number) to Suffolk County, it may not necessarily reflect the views of the Agency and no official endorsement should be inferred." USEPA Funding a. Unless otherwise provided in this Agreement, certain payments under this Agreement are subject to and contingent upon continued funding by the USEPA. If, for any reason, the full amount of such funding is not made available to the County. this Agreement may be terminated in whole or in part or the amount payable to the Contractor may be reduced, at the discretion of the Department, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction to the extent that grant award funds are available to the County for such payment of such costs. b. To the extent that USEPA reimbursement to the County shall be denied as a result of late submission of claims to the County, the Contractor shall repay to the County all monies disbursed to the Contractor. In addition, if the final claim from the Contractor, or any supplementary claim, is submitted to the County by the Contractor later than fifty (50) days after the end of the Budget Period, the County may, at its sole discretion, refuse to pay that claim. USEPA Applicable Terms, Conditions or Restrictions The Contractor agrees to comply with any other applicable terms, conditions or restrictions contained in the grant agreement under which the County of Suffolk received funding for the subject Agreement from the United States Environmental Protection Agency. End of Text for Exhibit G Page 17 of 22 2. 3. 4. 5. 6. 7. 8. 9. SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: February 16, 2007 TO: Michelle Rosen, SCDHS FROM: ~nda Rosenberg, Director of Living Wage Compliance Unit TELEPh~NE #: 853-2063 VENDOR #: 11-6001939 REFERENCE#: 001-4405-4560-00-00034 You are hereby notified that the response from Town of South old been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find: X The documents submitted with this contract / proposal are complete and conform to the requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with the normal and customary procedure for administering contracts. The documents submitted with this contract / proposal are not complete, or do not conform to the requirements of the Living Wage Law (Local Law #12-2001). Employers who fail to submit documents or information required to demonstrate compliance with the Law shall be deemed non-responsive and subject to disqualification. If the employer is presently under contract, the contractor shall be deemed non-compliant and the appeals process shall be made available to said employer (Chapter 347-5 A & B). LW-13 Rev. 1/25/07; Law No. 08-HS IFMS No. . Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 Suffolk County Form SCEX 22 Contractor'sNendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 1. Contractor'sNendor's Name: Town of Southold Address: 53095 Main Road, P.O. Box 1179 City and State: Southold, New York Zip Code: 11971-0959 2. Contracting Department's Name: Suffolk County Department of Health Services Address: 225 RablO Drive East, Hauppauge, New York 11788 3. Payee Identification or Social Security No.: 4. Type of Business: Corporation Partnership Sole Proprietorship Other 5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1 ,ODD? Yes No. 5.b Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1 ,ODD? Yes No. If you answered yes to either part 5.a or 5.b, you must complete parts 6 through 9. In anv event vou must complete items 10 and 13. 6. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 7. List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? Yes No. 9. If you answered yes to 8 above, you must submit v,;th this disclosure statement, a complete financial statement listing all assets and liabilities as v.ell as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) 10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement v,;th the contract. (Describe general nature of the contract.) 11. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Page 19 of 22 : . Rev. 1/25/07; Law No. OB-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 12. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 11 herein: _ a) Hospital ~ b) Educational or governmental entities _ c) Not-for-profit corporations _ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she ha ead and understood the foregoing statements and that they are, to his/her own knowledge, te Dated: a..L~l 017. a. C'1n Signed Printed ~ofSlgner: Scott A. Russell Title of Signer: Supervisor Name ofContractorNendor: Town of Southold UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On th~ day of Ap r i 1 in the year 2007 before me, the undersigned, personally appeared Scott A. Russe 11 personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which th~indiVidual(s) acted, executed the instrument. ' LINDA ~ ~?a?:~ New York NOTA~b6~~i1563, Suffolk cou~a ~ /)( d.... () (/ fi-<'~ ~~;" Excires December 31, 20 (sig ature and ~ffice of inijividual taking acknowledgment) UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Without New York State) STATE OF COUNTY OF ) ) sS.: On the _ day of in the year 2007 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) Form SCEX 22 Page 20 of 22 . Rev. 1/25/07; Law No. 08-HS IFMS No. Peconic Estuary Program Services Agreement No. 001-4405-4560-00-00034 SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. Ifthe following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above." Section I The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) Check if l/we further agree to take all action necessary to ensure that County funds are not used to O assist, promote, or deter Applicable union organizing. (Chapter 466-3 H) X IIwe further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, l/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. IIwe agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following: . I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; . l/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . IIwe will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; . I/we understand mylour obligation to limit disruptions caused by pre-recognition labor disputes through the adoption of non-confrontational procedures for the resolution of pre-recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and . I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. I/we further agree that every County contract for the provision of services, when such services will be performed on County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a majority authorization card agreement. I/we further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that l/we adopt, at the least, a neutrality agreement. l/we understand that the efficient, timely, and non-disruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's financial interest by adopting non-confrontational procedures for the orderly resolution of labor disputes, including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration agreements, fair communication agreements, non-intimidation agreements, and reasonable access agreements. Page 21 of 22 Rev. 1/25/07; Law No. OB-HS Peconic Estuary Program Services IFMS No. Agreement No. 001-4405-4560-00-00034 Section II The Union Organizing Law does not apply to this contract for the following reason(s): D " Check if Applicable Section III Contractor Name: Town of Southold Federal Employer 10#11-6001939 Contracto'fAddress: 53095 Main Road, P.O. Box 1179 Amount of Assistance: Southold, New York 11971-0059 Vendor#: Contractor Phone #: Description of project or service: EnviroOllleotalEducation Services Section IV I declare under pe provide this certi Ity of perjury under the Laws of the State of New York that the undersigned is authorized to tion, and that the above is true and correct. April J~, 2007 Authorized Signature Date Scott A. Russell, Supervisor Print Name and Title of Authorized Representative Form DOL-1 Page 22 of 22 ., SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324Al WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By the Local Law Compliance Unit DATE: Julv 18. 2007 TO: Michelle Rosen. SCDDS (Contracting Agency) FROM~enda Rosenben!:. Director (Lawful Hiring of Employees Unit) EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF: 001-4405-4560-00-00034 You are hereby notified that the submission from Town of Southold has been received by the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006). LHE-3 (01/07)